“Is Probate needed if there is a Will?”
If the deceased owns property, bank accounts, etc. and owned these items in their own name alone then Probate will be necessary to transfer the property into the name(s) of the beneficiaries. Think of Probate as the “re-titling of assets”. Probate is a Court proceeding.
Just two examples of when Probate was needed to retitle assets:
- Husband and Wife. All bank accounts had both names on them except Husband had one account with only his name on it. Husband died. Wife could not get the funds out of the account owned solely by her husband and had to retain an attorney for a Probate proceeding.
- Husband and Wife with both names on Deed to Homestead property. Husband died. Wife did nothing to change deed. Wife died. Three adult children had to retain an attorney for a Probate proceeding.
Florida law requires that anyone who has possession of a Will must file it with the local circuit court within 10 days of learning of the death.
“What happens if there is no Will”
Someone who dies without a valid Will is said to have died “intestate”. If there is property that must be re-titled, the heir or heirs will retain an attorney for a Probate proceeding. The decedent’s probate assets will be distributed to the decedent’s heirs in the order of priority found in Part I, Chapter 732 of Florida Statutes.
There are often simple ways to avoid the time delays, the stress on family members, and the cost of Probate. Take some time to talk with an Estate Planning attorney and do some thoughtful planning for your future and for how you want to leave your legacy.
Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Largo, St. Petersburg, Dunedin, Palm Harbor and the Tampa Bay area.
For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.